Good Evening ~ I have a question running around in my head and I can't shake it off…it centres around KS v Sec. of State 2025 which says that a claimant does not have to serve the relevant period ( 3 mths ) twice.
I was granted LCW when I declared my health conditions on day one of my claim in April 2019. This was later confirmed again at a WCA in 2020. In May 2021, a tribunal decided that I was to be placed in the LCWRA and the DWP backdated my payments to the end of the relevant period which started at the beginning of my claim……..in April 2019.
My confusion is regrading the relevant period and whether it has been served twice in this one claim ~ meaning it is against the KS law above.
If a relevant period was imposed right from day one of my claim and LCWRA was later applied, surely the backdated payments should start from day one of my claim, as the relevant period has been served already when I had LCW ?
This, to me, technically means that I have served the relevant period twice……. not consecutively, but the first relevant period under LCW has been 'used' again for LCWRA ~ meaning that I have literally served it twice.
Does this make sense ?
A recent Judge has refused me permission to appeal to the Upper Tribunal regarding this, saying that I do not have a case.
Any thoughts from you lovely people out there ? I am confused about the relevant period in my case as it would seem to have been used twice, which is against this KS legislation……
Many thanks,
Alison
